Florida’s Fourth District Court of Appeals has paved the way for individuals and businesses to bring claims for violations under the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”). FDUTPA is the primary consumer protection statute in Florida. Laid out in Section 501.201 et seq., Florida Statutes, FDUTPA prohibits unfair, unconscionable, or deceptive methods of competition, practices, or acts in the conduct of commerce. Up until the decision in Caribbean Cruise Line, Inc. v. Better Business Bureau of Palm Beach County, Inc., many courts had held that only consumers could bring suit under FDUTPA.
In Caribbean Cruise Line, Inc., the cruise line sued the Better Business Bureau (“BBB”) after the BBB gave the company a grade of “F.” The cruise line alleged that the failing grade was defamatory and a violation of FDUTPA based on the BBB’s practice in how it ranked businesses. BBB argued that the cruise line could not bring suit under FDUTPA as the cruise line was a business, not a consumer.
In reaching its conclusion, the Fourth District focused on a 2001 amendment to the statute that replaced the term “consumer” with “person.” Noting that Florida courts have been split on the issue, the Fourth District aligned itself with federal district courts in agreeing that the amendment shows the Florida Legislature’s intent to extend FDUTPA beyond consumers. The court distinguished other Florida cases as arising while the statute still used the term “consumer.”
While this decision should be well received by businesses, the opinion is not final until disposition of the motion for rehearing, which is currently pending. Further, there is still a split in authority on the issue. Still, Caribbean Cruise Line, Inc. is a case to watch, as the Florida Supreme Court could have the final say if review is sought in the case.